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Home My WebLink AboutCAG2021-023 - Original - Robinson Noble, Inc. - Armstrong Well #1 Rehabilitation - 01/26/2021ApprovalOriginator:Department: Date Sent:Date Required: Authorized to Sign: o Director or Designee o Mayor Date of Council Approval: Budget Account Number: Budget? o Yes o No Grant? o Yes o No Type:Review/Signatures/RoutingDate Received by City Attorney:Comments: Date Routed to the Mayor’s Office: Date Routed to the City Clerk’s Office:Agreement InformationVendor Name:Category: Vendor Number:Sub-Category: Project Name: Project Details: Agreement Amount: Start Date: Basis for Selection of Contractor: Termination Date: Local Business? o Yes o No* *If meets requirements per KCC 3.70.100, please complete “Vendor Purchase-Local Exceptions” form on Cityspace. Notice required prior to disclosure? o Yes o No Contract Number: Agreement Routing Form For Approvals, Signatures and Records Management This form combines & replaces the Request for Mayor’s Signature and Contract Cover Sheet forms. (Print on pink or cherry colored paper) Visit Documents.KentWA.gov to obtain copies of all agreementsadccW22373_1_20 January 25, 2021 CAG2021-023 Original CONSULTANT SERVICES AGREEMENT - 1 (Over $20,000) CONSULTANT SERVICES AGREEMENT between the City of Kent and Robinson Noble, Inc. THIS AGREEMENT is made between the City of Kent, a Washington municipal corporation (hereinafter the "City"), and Robinson Noble, Inc. organized under the laws of the State of Washington, located and doing business at 2105 South C Street, Tacoma, WA 98402, Phone: (253) 475-7711, Contact: James Hay (hereinafter the "Consultant"). I. DESCRIPTION OF WORK. The Consultant shall perform the following services for the City in accordance with the following described plans and/or specifications: The Consultant shall provide hydrogeologic services for the Armstrong Well #1 Rehabilitation Project. For a description, see the Consultant's Scope of Work which is attached as Exhibit A and incorporated by this reference. The Consultant further represents that the services furnished under this Agreement will be performed in accordance with generally accepted professional practices within the Puget Sound region in effect at the time those services are performed. II.TIME OF COMPLETION. The parties agree that work will begin on the tasks described in Section I above immediately upon the effective date of this Agreement. The Consultant shall complete the work described in Section I by December 31, 2021. III. COMPENSATION. A. The City shall pay the Consultant, based on time and materials, an amount not to exceed Twenty Two Thousand, Nine Hundred Sixty Eight Dollars and Ten Cents ($22,968.10), for the services described in this Agreement. This is the maximum amount to be paid under this Agreement for the work described in Section I above, and shall not be exceeded without the prior written authorization of the City in the form of a negotiated and executed amendment to this agreement. The Consultant agrees that the hourly or flat rate charged by it for its services contracted for herein shall remain locked at the negotiated rate(s) for a period of one (1) year from the effective date of this Agreement. The Consultant's billing rates shall be as delineated in Exhibit A. B. The Consultant shall submit monthly payment invoices to the City for work performed, and a final bill upon completion of all services described in this Agreement. The City shall provide payment within forty-five (45) days of receipt of an invoice. If the City objects to all or any portion of an invoice, it shall notify the Consultant and reserves the option to only pay that portion of the invoice not in dispute. In that event, the parties will immediately make every effort to settle the disputed portion. C. Card Payment Program. The Consultant may elect to participate in automated credit card payments provided for by the City and its financial institution. This Program is provided as an alternative to payment by check and is available for the convenience of the Consultant. If the CONSULTANT SERVICES AGREEMENT - 2 (Over $20,000) Consultant voluntarily participates in this Program, the Consultant will be solely responsible for any fees imposed by financial institutions or credit card companies. The Consultant shall not charge those fees back to the City. IV. INDEPENDENT CONTRACTOR. The parties intend that an Independent Contractor- Employer Relationship will be created by this Agreement. By their execution of this Agreement, and in accordance with Ch. 51.08 RCW, the parties make the following representations: A. The Consultant has the ability to control and direct the performance and details of its work, the City being interested only in the results obtained under this Agreement. B. The Consultant maintains and pays for its own place of business from which the Consultant’s services under this Agreement will be performed. C. The Consultant has an established and independent business that is eligible for a business deduction for federal income tax purposes that existed before the City retained the Consultant’s services, or the Consultant is engaged in an independently established trade, occupation, profession, or business of the same nature as that involved under this Agreement. D. The Consultant is responsible for filing as they become due all necessary tax documents with appropriate federal and state agencies, including the Internal Revenue Service and the state Department of Revenue. E. The Consultant has registered its business and established an account with the state Department of Revenue and other state agencies as may be required by the Consultant’s business, and has obtained a Unified Business Identifier (UBI) number from the State of Washington. F. The Consultant maintains a set of books dedicated to the expenses and earnings of its business. V. TERMINATION. Either party may terminate this Agreement, with or without cause, upon providing the other party thirty (30) days written notice at its address set forth on the signature block of this Agreement. After termination, the City may take possession of all records and data within the Consultant’s possession pertaining to this project, which may be used by the City without restriction. If the City’s use of the Consultant’s records or data is not related to this project, it shall be without liability or legal exposure to the Consultant. VI.FORCE MAJEURE. Neither party shall be liable to the other for breach due to delay or failure in performance resulting from acts of God, acts of war or of the public enemy, riots, pandemic, fire, flood, or other natural disaster or acts of government (“force majeure event”). Performance that is prevented or delayed due to a force majeure event shall not result in liability to the delayed party. Both parties represent to the other that at the time of signing this Agreement, they are able to perform as required and their performance will not be prevented, hindered, or delayed by the current COVID-19 pandemic, any existing state or national declarations of emergency, or any current social distancing restrictions or personal protective equipment requirements that may be required under federal, state, or local law in response to the current pandemic. If any future performance is prevented or delayed by a force majeure event, the party whose performance is prevented or delayed shall promptly notify the other party of the existence and nature of the force majeure event causing the prevention or delay in performance. Any excuse from liability shall be effective only to the extent and duration of the force majeure event causing the prevention or delay in performance and, provided, that the party prevented or delayed has not caused such event to occur and continues to use diligent, good faith efforts to avoid the effects of such event and to perform the obligation. Notwithstanding other provisions of this section, the Consultant shall not be entitled to, and the City shall not be liable for, the payment of any part of the contract price during a force majeure event, or any CONSULTANT SERVICES AGREEMENT - 3 (Over $20,000) costs, losses, expenses, damages, or delay costs incurred by the Consultant due to a force majeure event. Performance that is more costly due to a force majeure event is not included within the scope of this Force Majeure provision. If a force majeure event occurs, the City may direct the Consultant to restart any work or performance that may have ceased, to change the work, or to take other action to secure the work or the project site during the force majeure event. The cost to restart, change, or secure the work or project site arising from a direction by the City under this clause will be dealt with as a change order, except to the extent that the loss or damage has been caused or exacerbated by the failure of the Consultant to fulfill its obligations under this Agreement. Except as expressly contemplated by this section, all other costs will be borne by the Consultant. VII. DISCRIMINATION. In the hiring of employees for the performance of work under this Agreement or any subcontract, the Consultant, its subcontractors, or any person acting on behalf of the Consultant or subcontractor shall not, by reason of race, religion, color, sex, age, sexual orientation, national origin, or the presence of any sensory, mental, or physical disability, discriminate against any person who is qualified and available to perform the work to which the employment relates. The Consultant shall execute the attached City of Kent Equal Employment Opportunity Policy Declaration, Comply with City Administrative Policy 1.2, and upon completion of the contract work, file the attached Compliance Statement. VIII. INDEMNIFICATION. The Consultant shall defend, indemnify and hold the City, its officers, officials, employees, agents and volunteers harmless from any and all claims, injuries, damages, losses or suits, including all legal costs and attorney fees, arising out of or in connection with the Consultant's performance of this Agreement, except for that portion of the injuries and damages caused by the City's negligence. The City's inspection or acceptance of any of the Consultant's work when completed shall not be grounds to avoid any of these covenants of indemnification. Should a court of competent jurisdiction determine that this Agreement is subject to RCW 4.24.115, then, in the event of liability for damages arising out of bodily injury to persons or damages to property caused by or resulting from the concurrent negligence of the Consultant and the City, its officers, officials, employees, agents and volunteers, the Consultant's duty to defend, indemnify, and hold the City harmless, and the Consultant’s liability accruing from that obligation shall be only to the extent of the Consultant's negligence. IT IS FURTHER SPECIFICALLY AND EXPRESSLY UNDERSTOOD THAT THE INDEMNIFICATION PROVIDED HEREIN CONSTITUTES THE CONSULTANT'S WAIVER OF IMMUNITY UNDER INDUSTRIAL INSURANCE, TITLE 51 RCW, SOLELY FOR THE PURPOSES OF THIS INDEMNIFICATION. THE PARTIES FURTHER ACKNOWLEDGE THAT THEY HAVE MUTUALLY NEGOTIATED THIS WAIVER. In the event the Consultant refuses tender of defense in any suit or any claim, if that tender was made pursuant to this indemnification clause, and if that refusal is subsequently determined by a court having jurisdiction (or other agreed tribunal) to have been a wrongful refusal on the Consultant’s part, then the Consultant shall pay all the City’s costs for defense, including all reasonable expert witness fees and reasonable attorneys’ fees, plus the City’s legal costs and fees incurred because there was a wrongful refusal on the Consultant’s part. The provisions of this section shall survive the expiration or termination of this Agreement. IX.INSURANCE. The Consultant shall procure and maintain for the duration of the Agreement, insurance of the types and in the amounts described in Exhibit B attached and incorporated by this reference. X. EXCHANGE OF INFORMATION. The City will provide its best efforts to provide reasonable accuracy of any information supplied by it to the Consultant for the purpose of completion of the work under this Agreement. CONSULTANT SERVICES AGREEMENT - 4 (Over $20,000) XI. OWNERSHIP AND USE OF RECORDS AND DOCUMENTS. Original documents, drawings, designs, reports, or any other records developed or created under this Agreement shall belong to and become the property of the City. All records submitted by the City to the Consultant will be safeguarded by the Consultant. The Consultant shall make such data, documents, and files available to the City upon the City’s request. The Consultant acknowledges that the City is a public agency subject to the Public Records Act codified in Chapter 42.56 of the Revised Code of Washington. As such, the Consultant agrees to cooperate fully with the City in satisfying the City’s duties and obligations under the Public Records Act. The City’s use or reuse of any of the documents, data, and files created by the Consultant for this project by anyone other than the Consultant on any other project shall be without liability or legal exposure to the Consultant. XII. CITY'S RIGHT OF INSPECTION. Even though the Consultant is an independent contractor with the authority to control and direct the performance and details of the work authorized under this Agreement, the work must meet the approval of the City and shall be subject to the City's general right of inspection to secure satisfactory completion. XIII. WORK PERFORMED AT CONSULTANT'S RISK. The Consultant shall take all necessary precautions and shall be responsible for the safety of its employees, agents, and subcontractors in the performance of the contract work and shall utilize all protection necessary for that purpose. All work shall be done at the Consultant's own risk, and the Consultant shall be responsible for any loss of or damage to materials, tools, or other articles used or held for use in connection with the work. XIV. MISCELLANEOUS PROVISIONS. A. Recyclable Materials. Pursuant to Chapter 3.80 of the Kent City Code, the City requires its contractors and consultants to use recycled and recyclable products whenever practicable. A price preference may be available for any designated recycled product. B. Non-Waiver of Breach. The failure of the City to insist upon strict performance of any of the covenants and agreements contained in this Agreement, or to exercise any option conferred by this Agreement in one or more instances shall not be construed to be a waiver or relinquishment of those covenants, agreements or options, and the same shall be and remain in full force and effect. C. Resolution of Disputes and Governing Law. This Agreement shall be governed by and construed in accordance with the laws of the State of Washington. If the parties are unable to settle any dispute, difference or claim arising from the parties’ performance of this Agreement, the exclusive means of resolving that dispute, difference or claim, shall only be by filing suit exclusively under the venue, rules and jurisdiction of the King County Superior Court, King County, Washington, unless the parties agree in writing to an alternative dispute resolution process. In any claim or lawsuit for damages arising from the parties' performance of this Agreement, each party shall pay all its legal costs and attorney's fees incurred in defending or bringing such claim or lawsuit, including all appeals, in addition to any other recovery or award provided by law; provided, however, nothing in this paragraph shall be construed to limit the City's right to indemnification under Section VIII of this Agreement. D. Written Notice. All communications regarding this Agreement shall be sent to the parties at the addresses listed on the signature page of the Agreement, unless notified to the contrary. Any written notice hereunder shall become effective three (3) business days after the date of mailing by registered or certified mail, and shall be deemed sufficiently given if sent to the addressee at the address stated in this Agreement or such other address as may be hereafter specified in writing. E. Assignment. Any assignment of this Agreement by either party without the written consent of the non-assigning party shall be void. If the non-assigning party gives its consent to any assignment, the terms of this Agreement shall continue in full force and effect and no further assignment shall be made without additional written consent. F. Modification. No waiver, alteration, or modification of any of the provisions of this Agreement shall be binding unless in writing and signed by a duly authorized representative of the City and the Consultant. CONSULTANT SERVICES AGREEMENT - 5 (Over $20,000) G. Entire Agreement. The written provisions and terms of this Agreement, together with any Exhibits attached hereto, shall supersede all prior verbal statements of any officer or other representative of the City, and such statements shall not be effective or be construed as entering into or forming a part of or altering in any manner this Agreement. All of the above documents are hereby made a part of this Agreement. However, should any language in any of the Exhibits to this Agreement conflict with any language contained in this Agreement, the terms of this Agreement shall prevail. H. Compliance with Laws. The Consultant agrees to comply with all federal, state, and municipal laws, rules, and regulations that are now effective or in the future become applicable to the Consultant's business, equipment, and personnel engaged in operations covered by this Agreement or accruing out of the performance of those operations. I. Public Records Act. The Consultant acknowledges that the City is a public agency subject to the Public Records Act codified in Chapter 42.56 of the Revised Code of Washington and documents, notes, emails, and other records prepared or gathered by the Consultant in its performance of this Agreement may be subject to public review and disclosure, even if those records are not produced to or possessed by the City of Kent. As such, the Consultant agrees to cooperate fully with the City in satisfying the City’s duties and obligations under the Public Records Act. J. City Business License Required. Prior to commencing the tasks described in Section I, Contractor agrees to provide proof of a current city of Kent business license pursuant to Chapter 5.01 of the Kent City Code. / / / / / / / / / / / / / / / / / / / / / / / / K. Counterparts and Signatures by Fax or Email. This Agreement may be executed in any number of counterparts, each of which shall constitute an original, and all of which will together constitute this one Agreement. Further, upon executing this Agreement, either party may deliver the signature page to the other by fax or email and that signature shall have the same force and effect as if the Agreement bearing the original signature was received in person. CONSULTANT SERVICES AGREEMENT - 6 (Over $20,000) IN WITNESS, the parties below execute this Agreement, which shall become effective on the last date entered below. All acts consistent with the authority of this Agreement and prior to its effective date are ratified and affirmed, and the terms of the Agreement shall be deemed to have applied. CONSULTANT: By: (signature) Print Name: Its (title) DATE: CITY OF KENT: By: (signature) Print Name: Dana Ralph Its Mayor DATE: NOTICES TO BE SENT TO: CONSULTANT: James Hay Robinson Noble, Inc. 2105 South C Street Tacoma, WA 98402 (253) 475-7711 (telephone) N/A (facsimile) NOTICES TO BE SENT TO: CITY OF KENT: Chad Bieren, P.E. City of Kent 220 Fourth Avenue South Kent, WA 98032 (253) 856-5500 (telephone) (253) 856-6500 (facsimile) APPROVED AS TO FORM: Kent Law Department ATTEST: Kent City Clerk Robinson Noble - Armstrong Well 3/Bond -DPHV(+D\ 3ULQFLSDO -DQXDU\ James E Hay Digitally signed by James E Hay Date: 2021.01.20 10:26:42 -08'00' 01/26/2021 EEO COMPLIANCE DOCUMENTS - 1 DECLARATION CITY OF KENT EQUAL EMPLOYMENT OPPORTUNITY POLICY The City of Kent is committed to conform to Federal and State laws regarding equal opportunity. As such all contractors, subcontractors and suppliers who perform work with relation to this Agreement shall comply with the regulations of the City’s equal employment opportunity policies. The following questions specifically identify the requirements the City deems necessary for any contractor, subcontractor or supplier on this specific Agreement to adhere to. An affirmative response is required on all of the following questions for this Agreement to be valid and binding. If any contractor, subcontractor or supplier willfully misrepresents themselves with regard to the directives outlines, it will be considered a breach of contract and it will be at the City’s sole determination regarding suspension or termination for all or part of the Agreement; The questions are as follows: 1. I have read the attached City of Kent administrative policy number 1.2. 2. During the time of this Agreement I will not discriminate in employment on the basis of sex, race, color, national origin, age, or the presence of all sensory, mental or physical disability. 3. During the time of this Agreement the prime contractor will provide a written statement to all new employees and subcontractors indicating commitment as an equal opportunity employer. 4. During the time of the Agreement I, the prime contractor, will actively consider hiring and promotion of women and minorities. 5. Before acceptance of this Agreement, an adherence statement will be signed by me, the Prime Contractor, that the Prime Contractor complied with the requirements as set forth above. By signing below, I agree to fulfill the five requirements referenced above. By: ___________________________________________ For: __________________________________________ Title: _________________________________________ Date: _________________________________________ 5RELQVRQ1REOH,QF 3ULQFLSDO -DQXDU\ James E Hay Digitally signed by James E Hay Date: 2021.01.20 10:27:33 -08'00' EEO COMPLIANCE DOCUMENTS - 2 CITY OF KENT ADMINISTRATIVE POLICY NUMBER: 1.2 EFFECTIVE DATE: January 1, 1998 SUBJECT: MINORITY AND WOMEN SUPERSEDES: April 1, 1996 CONTRACTORS APPROVED BY Jim White, Mayor POLICY: Equal employment opportunity requirements for the City of Kent will conform to federal and state laws. All contractors, subcontractors, consultants and suppliers of the City must guarantee equal employment opportunity within their organization and, if holding Agreements with the City amounting to $10,000 or more within any given year, must take the following affirmative steps: 1. Provide a written statement to all new employees and subcontractors indicating commitment as an equal opportunity employer. 2. Actively consider for promotion and advancement available minorities and women. Any contractor, subcontractor, consultant or supplier who willfully disregards the City’s nondiscrimination and equal opportunity requirements shall be considered in breach of contract and subject to suspension or termination for all or part of the Agreement. Contract Compliance Officers will be appointed by the Directors of Planning, Parks, and Public Works Departments to assume the following duties for their respective departments. 1. Ensuring that contractors, subcontractors, consultants, and suppliers subject to these regulations are familiar with the regulations and the City’s equal employment opportunity policy. 2. Monitoring to assure adherence to federal, state and local laws, policies and guidelines. EEO COMPLIANCE DOCUMENTS - 3 CITY OF KENT EQUAL EMPLOYMENT OPPORTUNITY COMPLIANCE STATEMENT This form shall be filled out AFTER COMPLETION of this project by the Contractor awarded the Agreement. I, the undersigned, a duly represented agent of Company, hereby acknowledge and declare that the before-mentioned company was the prime contractor for the Agreement known as that was entered into on the (date), between the firm I represent and the City of Kent. I declare that I complied fully with all of the requirements and obligations as outlined in the City of Kent Administrative Policy 1.2 and the Declaration City of Kent Equal Employment Opportunity Policy that was part of the before-mentioned Agreement. By: ___________________________________________ For: __________________________________________ Title: _________________________________________ Date: _________________________________________ 2105 South C Street 17625 130th Avenue NE, Suite 102 Tacoma, Washington 98402 Woodinville, Washington 98072 P: 253.475.7711 | F: 253.472.5846 P: 425.488.0599 | F: 425.488.2330 EXHIBIT A Bryan Bond City of Kent October 28, 2020 (revised January 14, 2021) Page 2 1982.1 According to our October 13, 1982 letter report, Well 1 produced considerable sand and silt on both occasions, but a four-hour constant -rate test at 420 gpm showed negligible im- provement. The City has already determined that full replacement of the line -shaft pump and motor is re- quired; the City is taking the opportunity to evaluate the well's physical condition and perform basic preventative well maintenance prior to installing the new pumping equipment. Task 1 - Contractor coordination Pump equipment selection Robinson Noble does not perform well pump design, but we will work with the City's identified equipment vendor, Mitchell Lewis & Staver (ML&S), to identify replacement equipment compa- rable to the existing pump, pump column, and motor. The City has provided its communications with ML&S that identifies four pump models based upon bowl size and anticipated pump oper- ation assumptions. Our personnel with work with the City and ML&S to identify one of these options as the preferred alternative for City selection. Pump replacement and well rehabilitation contractor(s) The City plans to contract with a single contractor to replace the pumping equipment and con- duct the well redevelopment. Due to the anticipated long lead times for the pump equipment and the desire to minimize well downtime, the City intends to have the selected contractor pur- chase the necessary replacement equipment shortly after contracting is completed. Only once the contractor has the new pump equipment on hand will they mobilize to the site and remove the existing pump from the well. Robinson Noble will participate in up to two site meetings (pre -bid and pre -construction), if held. Our personnel will coordinate site activities with the City, its selected prime contractor, and our selected video inspection subcontractor. Our personnel will serve as the City's on -site repre- sentative during pre- and post -redevelopment video inspections; a Robinson Noble geologist will be on -site as needed to guide and review well redevelopment activities. Deliverables: None Timeline: 28 work weeks (estimated) following the pre -bid meeting. This presumes the follow- ing: the well redevelopment bid opening occurs within 2 weeks of the pre -bid meeting, if held, and that City contracting takes another 4 weeks to complete; the drilling contractor orders the pump equipment within 1 week of contracting and it takes 16 weeks for the equipment to ar- rive; the drilling contractor mobilizes to the site within 2 weeks of receiving the pump equip- ment and the pre -redevelopment video inspection also occurs during this interval; well redevel- opment is completed within 1 work week; and the post -redevelopment video inspection and pump installation occurs within a 2-week window. 2 Note that sodium hexameta phosphate is no longer used due to the potential for phosphates to encourage bacterial growth. H G 1602 Bryan Bond City of Kent October 28, 2020 (revised January 14, 2021) Page 3 Task 2 - Technical specifications The City will prepare technical specifications for this project based on the similar documents recently prepared for Armstrong Springs Well 2. Robinson Noble will review the City's specifi- cation documents and provide comments for City consideration. Deliverables: Comments will be provided as comments and edits (aka Tracked Changes) within the City's bid documents and be delivered via email. Timeline: Comments will be provided within 7 working days of delivery of the specifications to Robinson Noble. Task 3 - Video inspections We propose to subcontract Well Scan of Washington, LLC of Tacoma, Washington to perform two video inspections of Armstrong Springs Well 1, both pre- and post- redevelopment. These inspections are estimated at $2,280 (combined), including sales tax and handling. As the owner/operator of Well Scan is a Principal Hydrogeologist with Robinson Noble, no additional Robinson Noble staff are anticipated to be present during video inspections. Deliverables: On -site discussions with City personnel and the City's selected drilling contractor. Both video inspections will be provided on DVD or flash drive with our technical memorandum. Timeline: The pre -redevelopment video inspection will be scheduled at a mutually agreeable time for both City personnel and Well Scan after a minimum of 8 hours of well flushing prior to the inspection. We anticipate being able to schedule the pre -redevelopment video inspection within 2 weeks of the drilling contractor or the City notifying us that the pump equipment has arrived at the contractor's shop. The post -redevelopment video inspection will be scheduled at a mutually agreeable time for City personnel, the City's drilling contractor, and Well Scan, antici- pated to be within 5 working days of the completion of well redevelopment activities. Task 4 — Pump removal and well redevelopment Robinson Noble will have a geologist on site to observe the removal of the existing pump and pump column. These materials will be generally documented but this documentation will not be used to order the new pumping equipment as it will already be on hand. A standard redevelopment effort would typically consist of wire -brushing of the casings, nylon - brushing and mechanical surge development of the 20 feet of well screen with a cable -tool drill- ing rig in two -foot intervals, and additional surge development after the introduction of a phos- phate -free, NSF -certified surfactant to facilitate the removal of fine-grained material. We under- stand that direct access to Well 1 is not possible, that all redevelopment activities will be con- ducted through the wellhouse skylight, and that well development activities may be more time- consuming as a result. If a crane or hoist is used to accomplish redevelopment, for example, a standard two -foot surge stroke may not be practical or effective, and alternate techniques, such as long -pulls through the screen assembly, may be proposed by the City's contractor. Robinson Noble personnel will not be on -site during the contractor's site mobilization, setup, or demobili- zation, but will be present on an as -needed basis to guide and evaluate redevelopment activi- ties. H G 1602 Bryan Bond City of Kent October 28, 2020 (revised January 14, 2021) Page 4 Development will begin with the wire -brushing of all well casings, nylon -brushing of the screens, and the bailing of accumulated material from the well. After initial mechanical develop- ment of the well is accomplished to remove readily dislodged material, it may be appropriate to use an NSF -certified phosphate -free surfactant (such as Baroid Aqua -Clear PFD) to facilitate re- development. The surfactant would be prepared in a tank at surface and introduced into the well column through a tremie pipe or other means, depending on the selected redevelopment method. Interim pumping at a low rate may be necessary to remove heavy/turbid water from the well column and facilitate the effectiveness of development activities. Deliverables: None Timeline: Pump removal will presumably occur on the first day of site activities, to be sched- uled once the new pump equipment is in the contractor's possession. Presuming the City's contractor generally works standard 40-hour work weeks and there are no substantial delays in obtaining materials, we anticipate the mechanical well redevelopment phase could be com- pleted within 5 working days of starting. If the well is still producing substantial quantities of sand, silt, and clay, however, additional development time may be required. Task 5 - Pump installation documentation At the City's request, Robinson Noble will be on site to observe the installation of the new pump and pump column. Based upon our experience at Well 2, we anticipate this installation will occur during the course of a single work day. Installation and final connection of the pump motor will be observed if they occur the same day, but are not explicitly part of this task. Deliverables: Field measurements incorporated into the Task 6 technical memorandum. Timeline: We anticipate the pump and pump column will be installed in one day within two weeks of completion of well redevelopment activities. Task 6 - Analysis and technical memorandum No pump testing of Well 1 at the end of redevelopment activities is proposed and no new well rating will be accomplished.' As requested by the City, we will presume the aquifer characteris- tics and the well's post -redevelopment efficiency are unchanged from that established by the 1982 pumping tests. Using this historical information, we will provide a projection of the antici- pated pumping water level after a specified duration of pumping (typically 100 days). Note that the City intends to acquire replacement pump equipment prior to the start of any well redevel- opment activities, so this technical memorandum will not be used to facilitate pump selection. Our technical memorandum will summarize the pre- and post -redevelopment video inspections, well redevelopment activities, and provide a projected long-term pumping water level based on the 1982 testing of Well 1. No pump testing of Well 1 will be accomplished as part of this project. This tech memo will also include a well construction and lithology diagram, originally provided in 1982, updated with information obtained from the drilling contractor and video inspections. ' The City's contractor will likely pump Well 1 with a small submersible or trash pump during redevelop- ment activities in order to remove turbidity and fine sand. It may also be necessary to pump the well after redevelopment to improve visibility for the final video inspection. H G 1602               Robinson Noble, Inc.rates effective January 1, 2021 General Fee Schedule January 1, 2021 Professional Positions Fee per Hour Principal Engineer, Hydrogeologist or Environmental Scientist $194 Associate Engineer, Hydrogeologist or Environmental Scientist $177 Senior Engineer, Hydrogeologist or Environmental Scientist $151 Senior Project Engineer, Hydrogeologist or Environmental Scientist $130 Project Engineer, Hydrogeologist or Environmental Scientist $117 Staff Engineer, Hydrogeologist or Environmental Scientist $106 Senior Field Staff $95 Field Staff $82 Legal Support/Expert Witness Services/Testimony 150% of above rates Support Positions Senior GIS/CAD Specialist $99 Senior Technician $99 Senior Administrator $85 GIS/CAD Specialist $85 Technician $84 Administrator $74 Clerical Support $74 Other Fees and Costs Subcontracts/ Management Fee Professional services Outside laboratory services Construction subcontracts 15% 15% 15% Other Costs Travel (auto) Travel (other) Per diem Other direct expenses Field and laboratory testing/equipment rental $0.64/mile Cost +10% Prevailing State rate +10% Cost +10% See following pages This fee schedule is subject to change according to contract or Professional Services Agreement conditions. A surcharge fee of 2.3%, which is equal to our processing fees, will be applied to payments by credit card. There is no surcharge fee on debit cards. Robinson Noble, Inc.rates effective January 1, 2021 Hydrogeologic Equipment Rental Schedule January 1, 2021 Equipment Unit Rate Water Level Transducer and Data Logger Per day $25 Field Laptop Computer Per day $40 Electric Water Level Sounder(s) 0 to 300 ft Flat fee per project $30 over 300 ft Flat fee per project $60 DC Submersible Purge Pump (Single Stage) Per pump List price + 10% DC Submersible Purge Pump (Dual Stage) Per pump List price + 10% Double-Ring Infiltrometer Per day $50 Schonstedt Gradient Magnetometer Per day $75 Geonics EM-61 Metal Detector Per day $500 Downhole Gamma/Resistivity/Temperature Logging Equipment Per day $500 Downhole Caliper Logging Equipment Per day $350 Draw Works Per day $600 Mechanical Sieve Sample Equipment Flat fee per well $50 2-inch Gasoline-powered Centrifugal Pump (includes hoses) Per day $100 2-inch Submersible Pump + Controller Per day $180 Generator & Fuel Per day $70 Hand Auger Per day $50 Survey Gear (laser level & rod) Per day $85 FlowTracker Acoustic Doppler Velocimeter Stream Gaging Equipment Per day $200 pH Field Meter Per day $25 GPS Per day $20 Other Equipment Negotiated Negotiated Digital Camera Per day $10 This fee schedule is subject to change according to contract or Professional Services Agreement conditions. A surcharge fee of 2.3%, which is equal to our processing fees, will be applied to payments by credit card. There is no surcharge fee on debit cards. Robinson Noble, Inc.rates effective January 1, 2021 Environmental Equipment Rental and Consumable Schedule January 1, 2021 Equipment Unit Rate Water Level Transducer and Data Logger Per day $50 Field Laptop Computer Per day $40 Electronic Water Level Sounder Per day $30 Electronic Interface Probe Per day $75 DC Operated Peristaltic Pump Per day $45 2-inch Gasoline-powered Centrifugal Pump (includes hoses) Per day $100 2-inch Submersible Pump + Controller Per day $350 Generator & Fuel Per day $70 Low-Flow Bladder Pump Per day $175 Photoionization Detector Per day $75 Combustible Gas Indicator Per day $65 GPS Per day $20 Water Quality Meter Per day $200 Teflon Water Bailer Per day $30 Soil Sampling Equipment (manual) Per day $25 Mechanical Sieve Sample Equipment Flat fee per project $50 Survey Gear (laser level & rod) Per day $85 pH Field Meter (soils) Per day $50 Soil Vapor Extraction System Per month $750 Digital Camera Per day $10 Hand Auger Per day $50 Other Equipment Negotiated Negotiated Consumable Items: Polyethylene Purge/Sampling Tubing Each 10 feet $2.50 DC Submersible Purge Pump (Single stage) Per pump List price + 10% DC Submersible Purge Pump (Dual Stage) Per pump List price + 10% Silicone Peristaltic Pump Head Tubing Each foot $4.00 Bladders for Low-Flow Bladder Pump Each $5.00 Water Sample Bailer Each $10 Bailer Rope/String Each 10 feet $1.00 Personal Protection Equipment Per day per person $50 This fee schedule is subject to change according to contract or Professional Services Agreement conditions. A surcharge fee of 2.3%, which is equal to our processing fees, will be applied to payments by credit card. There is no surcharge fee on debit cards. Robinson Noble, Inc.rates effective January 1, 2021 Geotechnical Field and Laboratory Testing Schedule January 1, 2021 Test Fee Portable Nuclear Density Gauge Per Hour $5.00 Slope Inclinometer Per day $250 Direct Shear Point $200 Moisture-Density Relationship Curves: Each Each 1 pt $120 Multiple pts $225 Sieve Analyses (Gradations-Wet Sieve) Each $150 Bulk Sieve (if gravelly or >10lb) Add $70 200 Wash Each $80 Hydrometer Analysis Each $175 Falling Head Permeability Each $165 Atterberg Limits Each $220 (Liquid Limit and Plastic Limit) Moisture Content Each $12 Dynamic Cone Penetrometer Day $225 Points Each $20 Resistivity 4-point Gauge Day $300 Hand Auger Per day $50 Consolidation Test Incremental Loading $550 (9 loads, 0.125 TSF to 32 TSF, 4 unloads) $50/each additional load Shelby Tube Extrusion/Sample Description $40 Single-Ring Infiltrometer Per day $50 This fee schedule is subject to change according to contract or Professional Services Agreement conditions. A surcharge fee of 2.3%, which is equal to our processing fees, will be applied to payments by credit card. There is no surcharge fee on debit cards. Consultant Fee Worksheet Pr¡me Consultant - Roþinson Noþle Project Name: Armstrong Springs Well 1 Redevelopment TasK 13 Contractor Coord¡netion Task 2: Techn¡cal SDecif¡cât¡ons Task 3: video Inspect¡on Task 4: well Redevelopment Task 5: Observe Pump Instel¡ãt¡on Täsk 6r Technical Memorandum Totals Cetedorv Steff Hourlv Râte l{ñrr?c aôct l{ôr rrc Côct l{ôura .:ôa?l{ôurs Cost Hours Cost Hôure Cost l{ôrrrc Cost Pr¡ncipal Hydrogeologist Associate Hydrogeologist Project Geologist Sen¡or Draftsman/Tech TypisVClerical J¡m Hay, M¡ke Krautkramer, Mike Piechowski lim Hay, Mike Kraukramer, Mike Piechowski Tom Colby, Andrew Brownell, Natasha Garland-Clarke Laura P¡echowski. Dav¡d Weiler Conn¡e Potter $194.00 777.OO 1 17.00 99.00 74.00 $ $ $ $ 13.5 $ 2,619.00 $ 2,832.00 $ $ $ 16 s $ 970.00 $ $ $ $ 3.5 $ 679.00 $ $ $ $ 2 198.00 4.5 $ 873.00 $ 34 $ 3,978.00 $ $ 3.5 $ 679.00 $ 11.5 $ 1,345.50 $ $ 20.5 $ 3,977.00 $ $ 1,053.00 $ 693.00 $ 333,00 9 7 4.5 50.5 16 54.5 9 4.5 $ $ $ $ $ 9,797.OO 2,832.00 6,376.50 89 1.00 333.00 Summary 29.s $ s,451.00 s $ 970.00 s.s $ 877.00 38.s $ 4,851.00 ls s 2,024.50 41 $ 6,056.00 134.5 S 20,229.50 llêñ Un¡t Räfe Otv Côst Otv Cost Otv Cost fltv .:ôet (ltv Côst Otv Cost Otv Cost Mileage Equipment Rental - Digital camera Equipment Rental - Electric water level sounder mi $ per day g LS$ 0.64 10.00 30.00 90 $ 57.60 $ $ $ $ $ 90 $ s7.60 $ $ 315 1 1 $201.60 10.00 30.00 $ $ 4s$28.80 10.001$ $ $ $ $ 540 2 1 $345.60 20.00 30.00 $ $ Summary $ s7.60 $$ 57.60 $ 241.60 $ s8.80 s $ 39s.6O Item lln¡t Råte Ofv Côst Otv Cost Otv Cost Otv Cost lltv Côst Otv Cost Otv Cost Personal Protective Equipment Robinson Noble Markup per person $5.00 lOo/o per day o/o 2$10.00 1.00$ $ $ 2$10.00 1.00$ 7$35.00 3.50$ 1$5.00 0.50$ $ $ L2$60.00 6.00$ Summary $ 11.00 $$ 11.00 $ 38.s0 $5.50 $$66.OO Item un¡t Rate fltv .:ôat llfv Côst (ltv Cost Otv Cost Otv Cost Otv Cost ow Cost l¡l/ell Scan of Washington, LLC - Video Inspection Robinson Noble Markup EA o/o $ 990.00 L5o/o $ $ $ $ 2 $ 1,980.00 5 297.00 $ $ $ $ $ $ 2$1,980.00 297.O0$ 3ummary $$$ 2,277.00 $$$+ 2,277,OO Task 1:Task 2:Task 33 Task 4:lesk 5:Task 6:TOTAL COST TOTAL COST 5,519.60$970.00$$3,222.60 $5,131.10 $2,068.80 $6,056.00 s 22,968.1O EXHIBIT B INSURANCE REQUIREMENTS FOR CONSULTANT SERVICES AGREEMENTS Insurance The Consultant shall procure and maintain for the duration of the Agreement, insurance against claims for injuries to persons or damage to property which may arise from or in connection with the performance of the work hereunder by the Consultant, their agents, representatives, employees or subcontractors. A. Minimum Scope of Insurance Consultant shall obtain insurance of the types described below: 1.Automobile Liability insurance covering all owned, non-owned, hired and leased vehicles. Coverage shall be written on Insurance Services Office (ISO) form CA 00 01 or a substitute form providing equivalent liability coverage. If necessary, the policy shall be endorsed to provide contractual liability coverage. 2.Commercial General Liability insurance shall be written on ISO occurrence form CG 00 01 and shall cover liability arising from premises, operations, independent contractors, products-completed operations, personal injury and advertising injury, and liability assumed under an insured contract. The City shall be named as an insured under the Consultant’s Commercial General Liability insurance policy with respect to the work performed for the City using ISO additional insured endorsement CG 20 10 11 85 or a substitute endorsement providing equivalent coverage. 3.Workers’ Compensation coverage as required by the Industrial Insurance laws of the State of Washington. 4.Professional Liability insurance appropriate to the Consultant’s profession. B. Minimum Amounts of Insurance Consultant shall maintain the following insurance limits: 1.Automobile Liability insurance with a minimum combined single limit for bodily injury and property damage of $1,000,000 per accident. 2.Commercial General Liability insurance shall be written with limits no less than $2,000,000 each occurrence, $2,000,000 general aggregate and a $1,000,000 products-completed operations aggregate limit. EXHIBIT B (Continued) 3.Professional Liability insurance shall be written with limits no less than $2,000,000 per claim and $2,000,000 policy aggregate limit. C. Other Insurance Provisions The insurance policies are to contain, or be endorsed to contain, the following provisions for Automobile Liability and Commercial General Liability insurance: 1.The Consultant’s insurance coverage shall be primary insurance as respect the City. Any Insurance, self-insurance, or insurance pool coverage maintained by the City shall be excess of the Consultant’s insurance and shall not contribute with it. 2.The Consultant’s insurance shall be endorsed to state that coverage shall not be cancelled by either party, except after thirty (30) days prior written notice by certified mail, return receipt requested, has been given to the City. 3.The City of Kent shall be named as an additional insured on all policies (except Professional Liability) as respects work performed by or on behalf of the Consultant and a copy of the endorsement naming the City as additional insured shall be attached to the Certificate of Insurance. The City reserves the right to receive a certified copy of all required insurance policies. The Consultant’s Commercial General Liability insurance shall also contain a clause stating that coverage shall apply separately to each insured against whom claim is made or suit is brought, except with respects to the limits of the insurer’s liability. D. Acceptability of Insurers Insurance is to be placed with insurers with a current A.M. Best rating of not less than A:VII. E. Verification of Coverage Consultant shall furnish the City with original certificates and a copy of the amendatory endorsements, including but not necessarily limited to the additional insured endorsement, evidencing the insurance requirements of the Contractor before commencement of the work. F. Subcontractors Consultant shall include all subcontractors as insureds under its policies or shall furnish separate certificates and endorsements for each subcontractor. All coverages for subcontractors shall be subject to all of the same insurance requirements as stated herein for the Consultant. 1/21/2021 Leavitt Group Northwest PO Box 65770 University Place WA 98464 Cathy Fleck (800)726-8771 (866)728-9168 cathy-fleck@leavitt.com Robinson and Noble, Inc, DBA: Robinson Noble, Inc. 2105 South C St. Tacoma WA 98402 Crum & Forster Specialty Insurance Company44520 Ohio Security Insurance Company 24082 Ohio Casualty Insurance Company 24074 20/21 GL/AL/SG/UMB A X X X X EPK133151 11/30/2020 11/30/2021 2,000,000 100,000 10,000 2,000,000 4,000,000 4,000,000 B X X X BKS56823788 11/30/2020 11/30/2021 1,000,000 C X X X 0 X ESO56823788 11/30/2020 11/30/2021 Excess Auto Liability 2,000,000 2,000,000 A EPK133151 11/30/2020 11/30/2021 X 1,000,000 1,000,000 1,000,000 A Professional Liability EPK133151 11/30/2020 11/30/2021 Each Claim:2,000,000 Aggregate 4,000,000 NYoshitake@kentwa.gov D E. Olson/CAFLEC The ACORD name and logo are registered marks of ACORD CERTIFICATE HOLDER ©1988-2014 ACORD CORPORATION.All rights reserved. ACORD 25 (2014/01) AUTHORIZED REPRESENTATIVE CANCELLATION DATE (MM/DD/YYYY)CERTIFICATE OF LIABILITY INSURANCE LOCJECTPRO-POLICY GEN'L AGGREGATE LIMIT APPLIES PER: OCCURCLAIMS-MADE COMMERCIAL GENERAL LIABILITY PREMISES (Ea occurrence)$DAMAGE TO RENTED EACH OCCURRENCE $ MED EXP (Any one person)$ PERSONAL &ADV INJURY $ GENERAL AGGREGATE $ PRODUCTS - COMP/OP AGG $ $RETENTIONDED CLAIMS-MADE OCCUR $ AGGREGATE $ EACH OCCURRENCE $UMBRELLA LIAB EXCESS LIAB DESCRIPTION OF OPERATIONS / LOCATIONS / VEHICLES (ACORD 101, Additional Remarks Schedule, may be attached if more space is required) INSRLTR TYPE OF INSURANCE POLICY NUMBER POLICY EFF(MM/DD/YYYY)POLICY EXP(MM/DD/YYYY)LIMITS PER STATUTE OTH- ER E.L.EACH ACCIDENT E.L. DISEASE - EA EMPLOYEE E.L. DISEASE - POLICY LIMIT $ $ $ ANY PROPRIETOR/PARTNER/EXECUTIVE If yes,describe under DESCRIPTION OF OPERATIONS below (Mandatory in NH) OFFICER/MEMBER EXCLUDED? WORKERS COMPENSATION AND EMPLOYERS' LIABILITY Y / N AUTOMOBILE LIABILITY ANY AUTO ALL OWNED SCHEDULED HIRED AUTOS NON-OWNED AUTOS AUTOS AUTOS COMBINED SINGLE LIMIT BODILY INJURY (Per person) BODILY INJURY (Per accident) PROPERTY DAMAGE $ $ $ $ THIS IS TO CERTIFY THAT THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD INDICATED. NOTWITHSTANDING ANY REQUIREMENT, TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THIS CERTIFICATE MAY BE ISSUED OR MAY PERTAIN, THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS, EXCLUSIONS AND CONDITIONS OF SUCH POLICIES. LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS. INSD ADDL WVD SUBR N / A $ $ (Ea accident) (Per accident) OTHER: THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER. THIS CERTIFICATE DOES NOT AFFIRMATIVELY OR NEGATIVELY AMEND, EXTEND OR ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW. THIS CERTIFICATE OF INSURANCE DOES NOT CONSTITUTE A CONTRACT BETWEEN THE ISSUING INSURER(S), AUTHORIZED REPRESENTATIVE OR PRODUCER, AND THE CERTIFICATE HOLDER. IMPORTANT: If the certificate holder is an ADDITIONAL INSURED, the policy(ies) must be endorsed. If SUBROGATION IS WAIVED, subject to the terms and conditions of the policy, certain policies may require an endorsement. A statement on this certificate does not confer rights to the certificate holder in lieu of such endorsement(s). COVERAGES CERTIFICATE NUMBER:REVISION NUMBER: INSURED PHONE(A/C, No, Ext): PRODUCER ADDRESS: E-MAIL FAX (A/C, No): CONTACTNAME: NAIC # INSURER A : INSURER B : INSURER C : INSURER D : INSURER E : INSURER F : INSURER(S)AFFORDING COVERAGE SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE EXPIRATION DATE THEREOF, NOTICE WILL BE DELIVERED IN ACCORDANCE WITH THE POLICY PROVISIONS. INS025 (201401) Re: Armstrong Springs Well 1 Redevelopment and Pump Replacement Project. The City of Kent is named as Additional Insured per the terms and conditions of forms EN0118 02/11, EN0320 02/11, EN0301 09/14, CG8901 12/08 and EN0728-0511 attached. City of Kent 220 Fourth Avenue South Kent, WA 98032 Robinson Noble, Inc.Doing Business As Additional Named Insureds Other Named Insureds OFAPPINF (02/2007)COPYRIGHT 2007, AMS SERVICES INC EN0118-0211 Page 1 of 1 THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. PRIMARY AND NON-CONTRIBUTORY ADDITIONAL INSURED WITH WAIVER OF SUBROGATION This endorsement modifies insurance provided under the following: COMMERCIAL GENERAL LIABILITY COVERAGE PART CONTRACTORS POLLUTION LIABILITY COVERAGE PART ERRORS AND OMISSIONS LIABILITY COVERAGE PART THIRD PARTY POLLUTION LIABILITY COVERAGE PART SCHEDULE Name of Additional Insured Person(s) or Organization(s) Where Required by Written Contract A. SECTION III – WHO IS AN INSURED within the Common Provisions is amended to include as an additional insured the person(s) or organization(s) indicated in the Schedule shown above, but solely with respect to “claims” caused in whole or in part, by “your work” for that person or organization performed by you, or by those acting on your behalf. This insurance shall be primary and non-contributory, but only in the event of a named insured’s sole negligence. B. We waive any right of recovery we may have against the person(s) or organization(s) indicated in the Schedule shown above because of payments we make for “damages” arising out of “your work” performed under a designated project or contract with that person(s) or organization(s). C. This Endorsement does not reinstate or increase the Limits of Insurance applicable to any “claim” to which the coverage afforded by this Endorsement applies. ALL OTHER TERMS AND CONDITIONS OF THE POLICY REMAIN UNCHANGED. 110:I[-'1=0IBIG] ZRi=1ihI=0Igo]:F=1►N*Ill:I=11014Ca'A,4=F_E-'i=1:1=F=1B]bKa_IN=111111wo ADDITIONAL INSURED - OWNERS, LESSEES OR CONTRACTORS - COMPLETED OPERATIONS This endorsement modifies insurance provided under the following: COMMERCIAL GENERAL LIABILITY COVERAGE PART SCHEDULE Name of Additional Person(s) or Organization(s): Location And Description Of Completed Operations Blanket when specifically required in a written contract with the named insured. Blanket when specifically required in a written contract with the named insured. Information required to complete this Schedule, if not shown above, will be shown in the Declarations. A. Section III — Who Is An Insured within the Common Provisions is amended to include as an insured the person(s) or organization(s) shown in the Schedule, but only with respect to liability for "bodily injury" or "property damage" caused, in whole or in part, by "your work" at the location designated and described in the schedule of this endorsement performed for that additional insured and included in the "products -completed operations hazard". EN0320-0211 Page 1 of 1 EN0301-0914 Page 1 of 1 THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. AGGREGATE LIMITS OF INSURANCE PER PROJECT T his endorsement modifies insurance provided under the following: COMMERCIAL GENERAL LIABILITY COVERAGE PART Under the Common Provisions, Section IV – LIMITS OF INSURANCE AND DEDUCTIBLE, item 2. i s am ended by the addition of the following: The General Aggregate Limit applies separately to each of your projects away from premises owned by or rented to you. ALL OTHER TERMS AND CONDITIONS OF THE POLICY REMAIN UNCHANGED. 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PLEASE READ IT CAREFULLY. WASHINGTON COMMON POLICY CONDITIONS All Coverage Parts included in this policy are subject to the following conditions. The conditions in this endorsement replace any 6. If this policy is cancelled, we will send the first similar conditions in the policy that are less favorable Named Insured any premium refund due. If we to the insured. cancel, the refund will be pro rata. If the first A. Cancellation Named Insured cancels, the refund will be at 1. The first Named Insured shown in the least 90% of the pro rata refund. Declarations may cancel this policy by notifying The cancellation will be effective even if we us or the insurance producer in one of the have not made or offered a refund. following ways: 6. If notice is mailed, proof of mailing will be a. Written notice by mail, fax or e-mail, sufficient proof of notice. b. Surrender of the policy or binder; or c. Verbal notice. Upon receipt of such notice, we will cancel this policy or any binder issued as evidence of coverage, effective on the later of the following: a. The date on which notice is received or the policy or binder is surrendered, or b. The date of cancellation requested by the first Named Insured. 2. We may cancel this policy by mailing or delivering to the first Named Insured and the first Named Insured's agent or broker written notice of cancellation, including the actual reason for the cancellation, to the last mailing address known to us, at least: a. 10 days before the effective date of cancellation if we cancel for nonpayment of premium; or b. 45 days before the effective date of cancellation if we cancel for any other reason; 3. We will also mail or deliver to any mortgage holder, pledgee or other person shown in this policy to have an interest in any loss which may occur under this policy, at their last mailing address known to us, written notice of cancellation, prior to the effective date of cancellation. This notice will be the same as that mailed or delivered to the first Named Insured. B. Changes The policy contains all the agreements between you and us concerning the insurance afforded. The first Named Insured shown in the Declarations is authorized to make changes in the terms of this policy with our consent. This policy's terms can be amended or waived only by endorsement issued by us and made a part of this policy. C. Examination Of Your Books And Records We may examine and audit your books and records as they relate to this policy at any time during the policy period and up to three years afterward. D. Inspection And Surveys 1. We have the right to: a. Make inspections and surveys at any time; b. Give you reports on the conditions we find; and c. Recommend changes. 2. We are not obligated to make any inspections, surveys, reports or recommendations, and any such actions we do undertake relate only to insurability and the premiums to be charged. We do not make safety inspections. We do not undertake to perform the duty of any person or organization to provide for the health or safety of workers or the public. And we do not warrant that conditions: a. Are safe or healthful, or 4. Notice of cancellation will state the effective b. Comply with laws, regulations, codes orstandards. date of cancellation. The policy period will end on that date. 3. Paragraphs 1. and 2. of this condition apply not only to us, but also to any rating, advisory, rate service or similar organization which makes insurance inspections, surveys, reports or recommendations. EN0728-0511 Page 1 of 2 Includes copyrighted material of Insurance Service Office, Inc. with its permission. 4. Paragraph 2. of this condition does not apply to any inspections, surveys, reports or recommendations we may make relative to certification, under state or municipal statutes, ordinances or regulations, of boilers, pressure vessels or elevators. E. Premiums The first Named Insured shown in the Declarations: 1. Is responsible for the payment of all premiums; and 2. Will be the payee for any return premiums we pay. F. Transfer Of Your Rights And Duties Under This Policy Your rights and duties under this policy may not be transferred without our written consent except in the case of death of an individual Named Insured. If you die, your rights and duties will be transferred to your legal representative but only while acting within the scope of duties as your legal representative. Until your legal representative is appointed, anyone having proper temporary custody of your property will have your rights and duties but only with respect to that property. G. Nonrenewal We may elect not to renew this policy by mailing or delivering written notice of nonrenewal, stating the reasons for nonrenewal, to the first Named Insured and the first Named Insured's agent or broker, at their last mailing addresses known to us. We will also mail to any mortgage holder, pledgee or other person shown in this policy to have an interest in any loss which may occur under this policy, at their last mailing address known to us, written notice of nonrenewal. We will mail or deliver these notices at least 45 days before the: a. Expiration of the policy; or b. Anniversary date of this policy if this policy has been written for a term of more than one year. Otherwise, we will renew this policy unless: a. The first Named Insured fails to pay the renewal premium after we have expressed our willingness to renew, including a statement of the renewal premium, to the first Named Insured and the first Named Insured's insurance agent or broker, at least 20 days before the expiration date; b. Other coverage acceptable to the insured has been procured prior to the expiration date of the policy; or c. The policy clearly states that it is not renewable and is for a specific line, subclassification, or type of coverage that is not offered on a renewable basis. EN0728-0511 Page 2 of 2 Includes copyrighted material of Insurance Service Office, Inc. with its permission.